This document discusses trade secrets and information security. It defines a trade secret as information that has independent economic value from not being known to others, and where reasonable measures are taken to protect its secrecy. Reasonable measures include confidentiality agreements, access controls, and notices of secret information. Misappropriation of trade secrets can be civil, criminal, or tortuous. Defenses include independent creation, reverse engineering, or inevitable disclosure. An example case is discussed where an employee is accused of misappropriating voice analytics software secrets for a competitor.
Termination of Employees under the Labor Code.pptx
Dr. Kalyan Kankanala was the key note speaker at Cisco on April 6, 2017
1. Trade Secrets and
Information Security
By
Dr. Kalyan C. Kankanala
kalyan@bananaip.com
www.bananaip.com
Writings: www.kalyankankanala.com
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2. Trade Secret
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Any Information
• Independent Economic/Business Value
• Not Known to others
• Reasonable Measures to protect Secrecy
3. Reasonable Measures
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• Notice of Secret Information
• Steps to safeguard the information
• Steps are legally recognized
• NDAs and Confidentiality Clauses
• Access Controls
• User Name Passwords
• Confidentiality Notices
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Misappropriation
Improper Means
•Civil
•Criminal
•Tortuous
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Defenses
•Independent Creation
•Reverse Engineering
•Inevitable Disclosure
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Example
SoftS specializes in software for tracking people, and their
activities. Unhappy with his appraisal, Virappa, one of the key
employees of SoftS joins IPM, SoftS' competitor. Within three
months of Virappa's joining, IPM launches a mobile application
to monitor and track mood of a person based on voice data.
The mobile application has many features that form part of
SoftS' upcoming mobile application for analyzing voice
messages.
SoftS sues Virappa and IPM for trade secret misappropriation.
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Facts
Virappa signed an employment agreement, which has a
confidentiality clause that survives termination of his employment with
SoftS.
Virappa was working in the voice data analytics software applications
department of SoftS.
Virappa's linkedin profile and facebook profile specifically describe his
work in the voice data department, and IPM's HR team contacted him
on Linkedin based on the said description.
Virappa copied all data on his office laptop onto a hard disk for back
up purposes as his laptop was crashing regularly.
Virappa had a nasty fight with his reporting manager after his
appraisal.
Misappropriation?
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Social Media and Information
Security
•LinkedIn Connections
•Facebook and Twitter Strategy
•WhatsApp group communications
•Blogging
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Some Recent Cases
•ZeniMax v. Oculus - Virtual Reality - 500 Million
•Dalmatia v. FoodMatch - Fig Jam - 2.5 Million
•Waymo v. Uber - Self Driving Car Technology - Pending
•Goldman Sachs v. Sergey Aleynikov - Trading Software -
Convicted - 8 Years
•Doe v. Google - StopLeak - Broad Confidentiality Agreements
11. Dr. Kalyan’s Books And Novels
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Visit
Dr. Kalyan’s
Book page
Pay What you
want to Buy!
12. Email Address : kalyan@bananaip.com
Professional Profile : www.bananaip.com/dr-kalyan-c-kankanala
Authors Profile : www.kalyankankanala.com
Academic Profile : www.ipprof.com
Wiki Page :
https://en.wikipedia.org/wiki/Kalyan_Chakravarthy_Kankanala
How to Reach Dr. Kalyan C. Kankanala
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